Jordan v. Commonwell Mutual Insurance Group
JOHN JORDAN
Law Firm / Organization
Switzer Litigation
Lawyer(s)

Michael R. Switzer

WILLIAM NIELSON
Law Firm / Organization
Switzer Litigation
Lawyer(s)

Michael R. Switzer

COMMONWELL MUTUAL INSURANCE GROUP
Law Firm / Organization
Schultz Law Group LLP
Lawyer(s)

Kadey Schultz

FINNEGAN INSURANCE BROKERS LTD.
Law Firm / Organization
Kelly Santini LLP
Lawyer(s)

Pasquale Santini

Case Overview

  • Issue: John Jordan & William Nielson (Plaintiffs) sought damages after their hunting camp and outbuildings were destroyed by fire in 2018, claiming the insurance should have covered replacement costs exceeding $140,000.

Plaintiffs' Claims

  • Finnegan Insurance Brokers failed in its duty to ensure the policy adequately covered their property and acted in bad faith by not advising them that replacement cost coverage was unavailable.
  • Commonwell wrongfully closed their file while issues with the policy were unresolved.

Defendants’ Arguments

  • Replacement insurance was not available for this type of property, and this was communicated to the plaintiffs.
  • Jordan’s credibility was questioned, and Nielson provided no supporting evidence.
  • The court had previously referred the dispute to arbitration, making litigation improper.
  • Plaintiffs received a $54,000 cheque, exceeding the appraised value of $32,918.26.

Court’s Decision

  • All claims dismissed. The arbitration order was binding.
  • No credible evidence supported claims of misrepresentation or bad faith.
  • Jordan admitted he knew the policy was cash value only before filing the lawsuit.
  • The revised $10 million claim was entirely baseless and improper.
  • Defendants are entitled to costs, to be determined if not agreed upon within 30 days. No specific amount was provided in the decision.
Superior Court of Justice - Ontario
CV-19-00000096-0000
Insurance law
Defendant